Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
RAMKARAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The case comes up on an application preferred by the respondent No.3 under Article 226 (3) of the Constitution of India, however, with the consent of learned counsel for the parties, the writ petition itself has been taken up for final disposal at this stage.
2. The present writ petition has been filed with the following prayers :-
“(i) The impugned order dated 19.01.2022 (Annex.5) passed by the respondent no.2 may kindly be declared illegal and the same may kindly be quashed and set aside.
(ii) The respondent authorities may kindly be directed to decide the application of the petitioner for regularization of the land in question positively and issue patta in favour of the petitioner for the land in question.
(iii) The respondents may kindly be restrained from evicting the petitioner from the land in question and further be directed to drop all the proceedings (if any) initiated against the petitioner, forthwith”.
3. Learned counsel for the petitioner, instead of joining the issue on merit, submits that the petitioner may be given liberty to prosecute his application preferred under Order 39 Rule 1 and 2 CPC in the suit proceedings filed before Civil Judge, Merta. He submits t
The court allowed the petitioner to pursue a pending application for interim relief while ensuring protection against eviction until the trial court's decision.
The court emphasized the need for timely resolution of applications in legal proceedings, directing the Trial Court to address the pending injunction application within a specified time to uphold jus....
Article 226(3) of the Constitution of India is mandatory, leading to the automatic vacation of interim orders if not disposed of within two weeks.
The court upheld the necessity of adhering to procedural timelines in civil proceedings, emphasizing that applications under Order VII Rule 11 are independent of written statements.
The court cannot entertain petitions for interim relief under Article 226 when an alternative remedy is pursued without obtaining interim orders.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
